"assessment particulars" means the written details and results of an
assessment provided under section 6 of the Adult Guardianship (Abuse and Neglect)
Regulation, B.C. Reg. 13/2000;

"assessment report" means an incapability assessment report in the form
required under section 6 of the Adult Guardianship (Abuse and Neglect) Regulation,
B.C. Reg. 13/2000;

"clerk" means a member of the registry staff;

"court" means the Provincial Court;

"designated agency" means any public body, organization or person that,
under the Designated Agencies Regulation, B.C. Reg. 76/2000, is designated as an agency
for the purposes of Part 3 of the Act;

"interim restraining order" means an order made under section 51 (1)
(e) of the Act;

"party" includes

(a) the applicant,

(b) the adult,

(c) each respondent, and

(d) anyone the court decides is a party;

"registry" means a registry of the court where family matters are dealt
with;

"respondent" means,

(a) in the case of an application for an access order, the adult,

(b) in the case of an application for an interim restraining order, both the
person against whom the order is sought and the adult,

(c) in the case of an application for a support and assistance order or a
restraining order, each person listed in section 54 (2) of the Act,

(d) in the case of an application to renew, change or cancel an existing order,
the person who applied for, and each person who was required to be served with, the
application for the existing order, and

(e) in the case of any other application, the person named as the respondent in
the application;

"restraining order" means an order made under section 56 (3) (c) of the
Act;

"support and assistance order" means an order made under section 56 (3)
(a), (d) or (e) of the Act.

(2)The purpose of these rules is to allow decisions about matters arising under
Part 3 of the Act [Support and Assistance for Abused and Neglected
Adults] to be obtained from the court as fairly, quickly and inexpensively as
possible.

(6)To apply for an order changing or cancelling a restraining order, the person
against whom that order was made must complete an application in Form 3 and
file the completed application with the court.

(3)Unless permission is granted under Rule 7 (8) to use a different method of service
or section 51 (2) of the Act applies,

(a) both a notice to appear issued under subrule (2) and the related application for
the interim restraining order or the restraining order must, within 72 hours after the
filing of the application, be personally served on the person against whom the order is
sought, and

(b) the applicant must arrange to have the notice to appear and the related
application served on the adult in accordance with paragraph (a) by an individual
who is at least 19 years of age.

[For service of applications, see sections 51 (2) and 54 (2) of the Act and Rule
7.]

(4)The judge at the first appearance or any subsequent appearance may do one or more
of the following:

(a) order a party to allow another party to inspect and copy records, specified in
the order, that are or have been in that other party's possession or control or, if not
in that other party's possession or control, are within the other party's
power;

(b) hear evidence and make the order sought in the application;

(c) make any other order or give any direction that the judge considers
appropriate.

(5)If a respondent fails to appear in court on the date and at the time and place
specified on a document served on the respondent under the Act or these rules, or as
directed by a judge, a judge may do one or more of the following:

(a) draw any inference from that failure that the judge considers appropriate,
including an inference that the respondent consents to the order sought by the
applicant;

(b) if the judge considers that the circumstances justify it and that it is fair to
do so in the respondent's absence, make the order sought by the applicant;

(c) issue a notice to appear in Form 2 to be served on the respondent;

(d) if the respondent was personally served with a notice to appear on that date and
at that time or was present in court when the date for the court appearance was set,
issue a warrant in Form 7 for the arrest of the respondent.

(9)A judge may make the release of a witness under subrule (8) (a) subject to any
conditions respecting reporting or residency or entering into a recognizance that the
judge considers necessary to make sure the witness attends.

(3)If a person who is served with an application does not appear in court on the date
and at the time and place set for the hearing, the judge may hear the application and make
the order applied for if the judge thinks it is fair to do so in that person's
absence.

(10)If a judge determines that calling another party's expert was unnecessary, the
judge may order the party who required the expert to attend to pay to the other party the
reasonable costs associated with the expert's attendance.

(1)Unless the Act or these rules provide otherwise, an application must be served at
least 7 days before the date set for the hearing on the following persons:

(a) if the application is for an interim restraining order and section 51 (2) of the
Act does not apply, on the adult and the person against whom the order is
sought;

(b) if the application is for a support and assistance order or a restraining order,
the persons required to be served under section 54 (2) of the Act;

(c) if the application is to renew, change or cancel an existing order, the person
who applied for, and the persons who were required to be served with, the application
for the existing order;

(d) in the case of an application other than one referred to in any of paragraphs
(a) to (c), on the other parties.

[See section 51 (2) of the Act for the circumstances in which service of an
application for an interim restraining order is not required, andsection 54 (2) of the
Act for a list of persons who must be served with an application for a support and
assistance order.]

(3)The persons required to be served under subrule (1) or (2) must also be served, at
the time the application is served, with a copy of each document filed under Rule 2 in
support of the application, other than the assessment particulars.

(b) service of an application for an interim restraining order or restraining order
on the person against whom the order is sought;

(c) service of a subpoena.

[See: • subrule (7) for how to serve a notice to appear issued under
Rule 3 (5) (c); • Rule 3 (3) for how to serve a notice to appear,
and a related application for an interim restraining order or restraining order, on the
person against whom the order is sought; • Rule 4 (1) (b) for how
to serve a subpoena.]

(5)Unless the judge orders otherwise, if the applicant for an order under section 58
of the Act is not represented by a lawyer, a clerk must, as soon as practicable, prepare
the order in the applicable form.

(20)On application, a judge may order a person who possesses or controls a record that
is relevant to the proceedings and on whom notice has been served in accordance with
Rule 7 (1) to produce the record for inspection and copying on the date, at the time and
place and in the manner the judge thinks is fair.

Appendix A

Form 1

Form 2

Form 3

Form 4

Form 5

Form 6

Form 7

Form 8

Form 9

Form 10

Form 11

Form 12

Form 13

Form 14

Form 15

Form 16

Form 17

Form 18

The following forms have been amended or added since February 23, 2001: